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207 N.C. 280

In re Hargrove

Supreme Court of North Carolina

Decided October 31, 1934

Supreme Court of North Carolina · decided 1934-10-31

Cited by 3 later decisions — most recently March 1958

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1934-10-31

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Stacy, C. J.

¶1Tbis is tbe same case tbat was before us on two former appeals, reported in 206 N. C., 307, 173 S. E., 577, and 205 N. C., 72, 169 S. E., 812.

¶2Tbe questions now sought to be presented are not properly before us for decision. In tbe first place, tbe propounders are not tbe “parties aggrieved” by tbe order setting aside tbe verdict within tbe meaning of C. S., 632 — such action being favorable to them — and, in tbe next place, “tbis Court will not interfere with tbe discretion of tbe trial judge in *281setting aside a verdict as being against the weight of the evidence.” Edwards v. Phifer, 120 N. C., 405, 27 S. E., 79; Brink v. Black, 74 N. C., 329; Goodman v. Goodman, 201 N. C., 808, 161 S. E., 686.

¶3The appeal was improvidently taken, and must be dismissed. McCullock v. R. R., 146 N. C., 316, 59 S. E., 882; Guy v. Ins. Co., 206 N. C., 118, 172 S. E., 885.

¶4Appeal dismissed.

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